Federalist 51 To The People Of New York How Shall
Federalist 51to The People Of The State Of New Yorkhow Shall We Keep
To the People of the State of New York: How shall we keep the necessary separation of power among the different parts of government? The only answer that is that the parts themselves keep each other in their proper places. The separate use of different parts of government is needed to save liberty. As such, each department should have its own powers. The members of different parts should have as little power as possible in selecting members of the other branches.
Ideally, this would happen due to voters elect members of each department separately. Such a plan would be difficult to carry out, however. Therefore, we must allow certain members of government to be selected by other ways. It would be useful to allow judges to be appointed by other government officials. Judges need special skills, so it is important that they be elected in a way that makes sure that only best candidates are chosen.
Also, because judges are selected to the courts for life, they are less likely to be influenced by the men who select them. "Power Is Divided" Members of each government branch should be able to keep other parts from overtaking their power. The system should force individuals to defend their branch's powers. In a perfect world, we would not need such protections. In creating a government that is to be run by men over men, it must control itself.
This can be done by separating and arranging the different offices of government so that each acts as a check on the others. It is not possible to give to each part an equal ability to protect itself. In republican government, the lawmakers who make up the legislative branch will always have the most power. The cure to this problem is to divide them into two legislative branches. Each branch should be made different by different systems of election and different principles of action.
They should be as little connected with each other as possible. The division of power between the federal government and state governments offers another protection to the people. In the republic of America, power is divided between the states and the federal government. It is then divided again among the branches of each government. Therefore, government power is divided twice and can be controlled.
"To Guard Society" It is important in a republic to guard society against its rulers. It also must guard one part of the society against the injustice of the other part. Different wants exist in different classes of citizens. If a majority is united by a common interest, the rights of the minority could be hurt. To defend against this evil, we must make it unlikely that a bad party will gain a majority of support.
The people should be broken into many parts, interests and classes of citizens. This will make sure that the rights of individuals, or of the minority, will not be in much danger from the will of the majority. The size of the United States, and the number of people under the same government, offers some protection in this regard. There are so many different interests and factions within the country that it is unlikely that any single group will gain a majority of support. Such safeguards benefit all citizens.
Even powerful groups are more secure under a government that protects all parties, including minorities and majorities. PUBLIUS. Federalist 10 To the People of the State of New York: Among the many advantages promised by a better Union, few are more important than its ability to defend against the problem of factions. A faction is a group of people united by some common interest. A faction's interest may be opposed to the rights of other citizens.
If a faction has a majority, it may abuse its power and make the country less stable. Complaints are said that the public good is ignored by politicians because of the conflicts of rival parties. Laws are created according to the force of the largest faction, not according to the rules of justice. As much as we may wish that these complaints had no truth, the evidence will not allow us to deny that they are in some degree true. "Zeal For Different Opinions" The reasons people divide themselves into factions are due to the nature of man.
Feelings for different opinions about religion or government can split people into factions. Liking different leaders that want power can divide people into opposing parties as well. The most common source of division has been the unequal distribution of property. Factions have made men more likely to oppose and oppress each other than to cooperate for their common good. Therefore, the CAUSES of faction cannot be removed.
The best that can be done is to try to control its EFFECTS. If a faction consists of less than a majority, the majority can defeat its views by regular vote. In this way, a minority faction may slow the work of government, but it will be unable to really do anything under the Constitution. "The Great Question" When a faction makes up a majority, on the other hand, it can harm both the public good and the rights of other citizens. How to protect against such a danger, and at the same time to save the form of democracy, is then the great question that we must try to answer.
There are only two possibilities. First, it might be ensured that no belief gains the support of a majority. Or, if a majority faction exists, it must be blocked from carrying out bad ideas. "Two Great Points Of Difference" A republic a government in which people are represented by elected leaders, gives us an answer to the problem of factions. There are two differences between a democracy and a republic.
First, in a republic, the running of government falls to a small number of citizens elected by the rest. Second, a republic can work in a larger country. The effect of the first difference is to balance the emotions of the people. The citizens who are chosen as representatives can figure out the best interest of the country. This will make them less likely than the masses to allow any citizen or principle to be given up. This means they can protect against a powerful majority faction. "Safeguarding Against Factions" The effect of these differences is to allow the government to rule over a larger country. This will also have the effect of guarding against factions. The influence of leaders may disrupt states, but will be unable to spread a general problem through the other states. A religious sect may become a political faction in a part of the nation, but other religious groups in other states will protect the nation against the danger that the faction poses. In the size and structure of the Union, therefore, we see a republican cure for the diseases of political factions. PUBLIUS.
Paper For Above instruction
The Federalist Papers, particularly Federalist 51 and Federalist 10, provide a profound exploration of the principles necessary to establish and maintain a functioning republic that safeguards liberty and prevents tyranny through the separation of powers and the mitigation of factional conflict. These writings emphasize that the design of government must inherently include checks and balances, dividing power among different branches and levels of government, to prevent any one faction or individual from gaining unchecked authority. This essay analyzes how these Federalist arguments contribute to understanding the essential structures of American republican government.
Federalist 51 underscores the importance of the separation of powers within the federal government, advocating for a system where each branch—legislative, executive, and judicial—has sufficient independence and the ability to check the others. Madison stresses that "ambition must be made to counteract ambition," thus creating a system where each branch's self-interest and vigilance serve as a safeguard against tyranny. The model of judicial independence, with lifetime appointments, exemplifies this principle, ensuring that judges remain insulated from political pressures and can serve as impartial arbiters of the law. The division of legislative authority into two chambers—Senate and House of Representatives—further exemplifies the strategy to prevent legislative overreach, as they operate under different election methods and principles, thus preventing a single legislative majority from dominating.
The division of federal and state powers introduces an additional layer of checks, facilitating a federal structure that disperses authority and provides an internal control mechanism. This layered system, according to Madison, is vital for protecting liberty in a large republic, where the multitude of interests and factions dilutes any single group's ability to impose its will on society. The development of a large, diverse republic serves as a safeguard by ensuring that no single faction can easily dominate, aligning with Madison's assertion that "the smaller the society, the fewer the factions." This principle addresses the concern that factions—groups driven by shared interests—could threaten individual rights and the stability of government if unchecked.
Federalist 10 complements these ideas by arguing that factions are an inherent aspect of human nature, rooted in unequal property distribution, varying opinions, and different passions. Elucidating the dangers posed by factions, Madison warns that a majority faction could abuse its power and threaten the rights of minorities, thereby destabilizing the republican form of government. To combat this, Madison advocates for a large republic wherein diverse factions coexist, making it improbable for any single faction to monopolize power and impose its will on the entire nation. The multiplicity of interests and the structure of representation serve as mechanisms to filter and moderate factions' influence, preventing the rise of a tyranny of the majority.
Furthermore, Madison highlights that republics, unlike pure democracies, are better equipped to handle factional conflicts because they involve a smaller number of elected representatives who are more competent to discern the true interest of the nation. This arrangement reduces the sway of emotional and impulsive masses, providing a buffer against factional domination. The stratified electoral process and the multiple layers of government create a union resilient to factional abuse, ensuring stability and protecting minority rights. The combined strategies of separation of powers and federalism form the constitutional backbone of American political structure, demonstrating Madison's ideals of a balanced government capable of controlling factions.
In conclusion, Federalist 51 and Federalist 10 offer foundational insights into the design of the United States government—highlighting the importance of separating powers and managing factions through a large, diverse republic. These principles are essential in safeguarding liberty, preventing tyranny, and maintaining political stability in a large and pluralistic society. The Federalist authors’ emphasis on checks and balances, federalism, and a representative government remains relevant today as guiding principles for maintaining a resilient and free republic amid ongoing political and social challenges.
References
- The Federalist Papers. Penguin Classics.
- The Political Philosophy of the Federalist. Cambridge University Press.
- Defending Values: On the Foundations of Political Philosophy. Harvard University Press.
- The Federalist Papers. Ohio State University Press.
- The Federalist Papers: A Reader's Guide. Oxford University Press.
- Federalism: The American Tradition. Routledge.
- Original Meanings: Politics and Ideas in the Making of the Constitution. Knopf.
- The Most Democratic Branch: How the Courts Serve America. Princeton University Press.
- The Radicalism of the American Revolution. Vintage Books.
- The Natural Rights Republic: Studies in the Foundation of American Political Thought. University of Chicago Press.